Must the master claim the injury compensation before the Mukatab fulfills his manumission debt?
General Chapter
Al-Mughni
Book of Mukātaba (Contractual Manumission)
Primary text
The master is entitled to claim the injury compensation before the Mukatab pays the manumission debt, similar to the rule established for a non-slave outsider. If the Mukatab chooses to delay the compensation claim and begin by receiving the manumission funds, it is permissible, and he becomes free upon receiving the full manumission payment. Abu Bakr stated that freedom should not be achieved before the injury compensation is paid, arguing for its precedence over the manumission debt.
Supporting text
The main view allows the prerequisite settlement to be determined by mutual consent between the master and the Mukatab regarding which right (debt or compensation) to address first, as both rights belong solely to the master. Furthermore, if paying the manumission debt before the injury compensation is permissible concerning a non-slave outsider, it is even more appropriate concerning the master. Additionally, the obligation to pay the injury compensation is not necessarily due before the wound fully heals, allowing the obligation to pay the manumission debt to precede it.